[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Pages 43936-43938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15064]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21845]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose 
Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petitions for decision that nonconforming 
2005 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose 
Passenger Vehicles are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of two petitions for a decision 
that 2005 Mercedes Benz Type 463 Short Wheel Base (SWB) Gelaendewagen 
Multipurpose Passenger Vehicles (MPVs) that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards (FMVSS) are eligible for importation into the United States 
because they have safety features that comply with, or are capable of 
being altered to comply with, all such standards.

DATES: The closing date for comments on the petitions is August 29, 
2005.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 am to 
5 pm]. Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    Wallace Environmental Testing Laboratories, Inc., of Houston, Texas 
(``WETL'') (Registered Importer 09-005), petitioned NHTSA to decide 
whether 2005 Type 463 SWB Gelaendewagen MPVs are eligible for 
importation into the United States. Shortly after WETL's petition was 
filed, J.K. Technologies, L.L.C., of Baltimore, Maryland (J.K.) 
(Registered Importer 09-006) separately petitioned NHTSA to decide 
whether 2005 Type 463 SWB Gelaendewagen MPVs are eligible for 
importation into the United States. Because the two petitions pertain 
to the same vehicle, NHTSA is soliciting comments on both petitions in 
this notice. WETL and J.K. believe that these vehicles can be made to 
conform to all applicable FMVSS.
    In their petitions, both WETL and J.K. noted that NHTSA has granted 
import eligibility to the 2004 Mercedes Benz 463 SWB Gelaendewagen MPV 
(covered by vehicle eligibility number VCP-28) that they claim is 
identical to the 2005 Mercedes Benz 463 SWB Gelaendewagen MPV. Because 
both petitioners assert that the subject vehicles are similar to the 
2004 model year vehicles that have been deemed eligible for importation 
under vehicle eligibility number VCP-28, we regard the petitions as 
pertaining to both the

[[Page 43937]]

Cabriolet and the Three Door versions of the vehicle. In the petition 
for the 2004 model, the petitioner asserted that over a period of ten 
years, NHTSA has granted import eligibility to a number of Mercedes 
Benz Gelaendewagen 463 vehicles. These include the 1990-1996 SWB 
version of the vehicle (assigned vehicle eligibility number VCP-14) and 
the 1996 through 2001 long wheel base (LWB) version of the vehicle 
(assigned vehicle eligibility numbers VCP-11, VCP-15, VCP-16, VCP-18, 
and VCP-21). These eligibility decisions were based on petitions 
submitted by J.K. and another registered importer, Europa 
International, Inc., of Santa Fe, New Mexico (Registered Importer 91-
206), claiming that the vehicles are capable of being altered to comply 
with all applicable FMVSS. Because those vehicles were not manufactured 
for importation into and sale in the United States, and were not 
certified by their original manufacturer (Daimler Benz), as conforming 
to all applicable FMVSS, they cannot be categorized as ``substantially 
similar'' to the 2005 SWB versions for purposes of establishing import 
eligibility under 49 U.S.C. 30141(a)(1)(A). In addition, while there 
are some similarities between the SWB and LWB versions, NHTSA has 
decided that the 2002 through 2005 LWB versions of the vehicle that 
Mercedes Benz has manufactured for importation into and sale in the 
United States cannot be categorized as substantially similar to the SWB 
versions for the purpose of establishing import eligibility under 
section 30141(a)(1)(A). Therefore, WETL's and J.K.'s petitions are 
being processed pursuant to 49 U.S.C. 30141(a)(1)(B) alone.
    WETL and J.K. submitted information with their petitions intended 
to demonstrate that 2005 Type 463 SWB Gelaendewagen MPVs, as originally 
manufactured, comply with many applicable FMVSS and are capable of 
being modified to comply with all other applicable standards to which 
they were not originally manufactured to conform.
    Specifically, the petitioners claim that 2005 Type 463 SWB 
Gelaendewagen MPVs have safety features that comply with Standard Nos. 
102 Transmission Shift Lever Sequence, Starter Interlock, and 
Transmission Braking Effect, 103 Windshield Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 
113 Hood Latch System, 116 Motor Vehicle Brake Fluid, 119 New Pneumatic 
Tires for Vehicles Other than Passenger Cars, 124 Accelerator Control 
Systems, 135 Passenger Car Brake Systems, 201 Occupant Protection in 
Interior Impact, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat 
Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
and 302 Flammability of Interior Materials.
    Additionally, WETL claims that 2005 Type 463 SWB Gelaendewagen 
MPVs, as originally manufactured, comply with Standard No. 120 Tire 
Selection and Rims for Motor Vehicles Other than Passenger Cars.
    Both petitioners contend that the vehicles are capable of being 
altered to comply with the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) Replacement of the 
instrument cluster with a U.S.-model component; and (b) reprogramming 
and initialization of the vehicle control system to integrate the new 
instrument cluster and activate required warning systems.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model taillamp assemblies or 
modification of existing taillamps to conform to the standard; and (b) 
installation of front and rear U.S.-model sidemarker lamps.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger 
side rearview mirror with a U.S.-model component or inscription of the 
required warning statement on the mirror's surface.
    Standard No. 114 Theft Protection: Reprogramming of the vehicle 
control systems to comply with the standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Reprogramming of the vehicle control systems to comply with 
the standard.
    Standard No. 208 Occupant Crash Protection: Programming of the 
vehicle control systems to activate the required seat belt warning 
system. The petitioners state that the vehicles are equipped with 
driver's and passenger's air bags and knee bolsters, and with 
combination lap and shoulder belts that are self-tensioning and that 
release by means of a single red push button at the front and rear 
outboard seating positions.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
U.S.-model child seat anchorage components.
    The petitioners also state that a vehicle identification plate must 
be affixed to the vehicle near the left windshield post and a reference 
and certification label must be affixed in the area of the left front 
door post to meet the requirements of 49 CFR Part 565.
    J.K. additionally contends that the vehicles are capable of being 
altered to comply with the following standards, in the manner described 
below:
    Standard No. 101 Controls and Displays: Substitution of a lens 
marked ``Brake'' for a lens with a noncomplying symbol on the brake 
failure indicator lamp, and replacement or conversion of the 
speedometer to read in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-model headlamps.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other 
than Passenger Cars: Installation of a tire information placard.
    Standard No. 301 Fuel System Integrity: J.K. states that the 
vehicles' fuel systems must be modified with U.S.-model parts to meet 
U.S. Environmental Protection Agency (EPA) OBDII, Spit Back, and 
enhanced EVAP requirements. J.K. claims that as modified, these systems 
will control all fuel leaks in the case of an impact.
    WETL additionally contends that the vehicles are capable of being 
altered to comply with the following standards, in the manner described 
below:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model front turn signal lamps; and 
(b) installation of a U.S.-model high-mounted stoplamp assembly.
    Standard No. 301 Fuel System Integrity: Installation of a rollover 
valve to comply with to the standard.
    Interested persons are invited to submit comments on the petitions 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW., 
Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. It is 
requested but not required that 10 copies be submitted.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.


[[Page 43938]]


    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-15064 Filed 7-28-05; 8:45 am]
BILLING CODE 4910-59-P